California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Despite the fact that cannabis has been legal in California since 1996, you still
Patent Law
Patent Myths Corrected – Part One
By Audrey A Millemann on
Posted in Patent Law
Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are sometimes almost unintelligible and, if intelligible, may require many hours of reading to understand. It is no wonder that…
Amazon Tips its Hand with New Trademark Application
As you likely know, Amazon is taking the world by storm. Whether it is through its convenient offering of household goods, and pretty much anything else you can imagine, to your door, or through its expansive selection of movies and television shows provided through its Amazon Prime streaming service, Amazon is a major player in…
Supreme Court Cuts Back Patent Owners’ Post-Sale Rights
By Audrey A Millemann on
Posted in Patent Law, Trademark Law
Patent owners can no longer restrict the use of their patented products after the products are sold. Under the doctrine of patent exhaustion, a patent owner’s rights are “exhausted” once the patent owner sells the product. In Impression Products v. Lexmark International, Inc., 2017 U.S. LEXIS 3397 (May 30, 2017), the Supreme Court expanded…
U.S. Supreme Court Allows Early Notice For Biosimilars
By Eric Caligiuri on
Posted in Patent Law
In SANDOZ INC. v. AMGEN INC. et al., the United States Supreme Court in a unanimous opinion ruled that biosimilar makers can give their required 180-day statutory notice of sales before their products win approval by the United States Food and Drug Administration (“FDA”). In short, the Court held a biosimilar maker “may provide…